(PC) Lewis v. Baker ( 2024 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 DERRICK JEROME LEWIS, No. 2:23-cv-02144 KJM KJN P 12 Plaintiff, 13 v. ORDER 14 FREDRICK BAKER, et al., 15 Defendants. 16 17 Plaintiff, a state prisoner proceeding pro se, has filed this civil rights action seeking relief 18 under 42 U.S.C. § 1983. The matter was referred to a United States Magistrate Judge as provided 19 by 28 U.S.C. § 636(b)(1)(B) and Local Rule 302. 20 On December 1, 2023, the magistrate judge filed findings and recommendations, which 21 were served on plaintiff and which contained notice to plaintiff that any objections to the findings 22 and recommendations were to be filed within fourteen days. Plaintiff has not filed objections to 23 the findings and recommendations. On December 14, 2023, plaintiff did file a document titled 24 “Last Will and Testament.” This document does not address the December 1, 2023 findings and 25 recommendations. 26 The court presumes that any findings of fact are correct. See Orand v. United States, 27 602 F.2d 207, 208 (9th Cir. 1979). The magistrate judge’s conclusions of law are reviewed 28 de novo. See Robbins v. Carey, 481 F.3d 1143, 1147 (9th Cir. 2007) (“[D]eterminations of law 1 | by the magistrate judge are reviewed de novo by both the district court and [the appellate] court 2 | ....”). Having reviewed the file, the court finds the findings and recommendations to be 3 || supported by the record and by the proper analysis. 4 Accordingly, IT IS HEREBY ORDERED that: 5 1. The findings and recommendations filed December 1, 2023, are adopted in full; 6 2. Plaintiffs motion for injunctive relief (ECF No. 12) is denied; 7 3. This action is dismissed without prejudice. See Local Rule 110; Fed. R. Civ. P. 41(b); 8 | and 9 4. The clerk of court is directed to close this case. 10 | DATED: January 29, 2024. 11 12 eee 3 CHIEF ED STATES DISTRICT JUDGE 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28